Writ petition filed under Article 226 seeking mandamus to direct authorities to dispose of an application regarding land measurement. Court dismissed the petition for wanting due to petitioner's failure to come with clean hands after ignoring notices for an enquiry.
Writ petition dismissed; petitioner at liberty to approach Civil Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.34695 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2023
CORAM
THE HON'BLE MR. JUSTICE P.VELMURUGAN
W.P.No.34695 of 2023
Govindappa
... Petitioner
Vs.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to dispose the petitioner's application dated 10.04.2023 by measuring and demarcating the petitioner's land in extent of 11.85.30 and 1.67 Acre in Old S.No.104/2A2A, New S.No.104/7, Bukkasagaram Village, Shoolagiri Taluk, Krishnagiri District.
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For Petitioner : Mr.G.Selvaraj For Respondents : Mr.V.Veluchamy
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus to
direct the respondents to dispose the petitioner's application dated 10.04.2023.
learned Additional Government Pleader appearing for the respondents.
the petitioner's land, it was found that the petitioner is not in the possession of the land in S.No104/7 and one Basappa of Bukkasagam village is in the possession of the land. The respondents sent a notice/summon to the petitioner on 18.08.2023, directing the petitioner to appear for enquiry. Since the petitioner failed to receive the notice, the
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W.P.No.34695 of 2023
same was affixed on the door of the petitioner's residence. It is further stated that since the petitioner is not cooperating for enquiry, the respondents are unable to consider his representation dated 10.04.2023. The respondents have filed the relevant enclosures with regard to the same.
21.12.2023
mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No
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W.P.No.34695 of 2023
To
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P.VELMURUGAN, J.
mfa
W.P.No.34695 of 2023
21.12.2023
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3 issues framed by the court
Whether the respondent authorities are bound to dispose of the petitioner's application when the petitioner failed to cooperate in the enquiry.
Whether the petitioner has approached the Court with clean hands.
Whether the writ petition should be allowed or dismissed against the backdrop of non-cooperation by the petitioner.
1 provisions across 1 enactments
Govindappa
The District Collector, Krishnagiri
The Tahsildar, Shoolagiri Taluk
P. Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
